CA MFT Exam - Law & Ethics Questions and Answers Rated A+

CA MFT Exam - Law & Ethics Questions and Answers Rated A+ MFT Scope of Practice A legal term. An LMFT may: Practice psychotherapy Diagnose and treat mental disorders (in order to improve client's relationships) Administer and interpret psychological tests (as long as doing so is within the MFT's scope of competence as determined by education, training, or experience, and as long as it is directed toward improving client's relationships Privilege A legal term. The legal right not to have confidential information revealed during legal proceedings or in court. The client or client representative holds the privilege. Subpoenas and privilege A therapist's first response upon receiving a subpoena is to assert privilege. The therapist can release records if the client gives him written permission to do so, or if the court orders him to do so. Who holds privilege? The client, if he is an adult, or if he is a minor who is receiving treatment without parental consent. The court can waive the privilege If a minor is a ward of the state, the minor holds privilege, which can be waived by the court or by the client's attorney If there is a legal guardian, he/she can waive privilege on behalf of client Exceptions to privilege A judge decides if the facts of the case fall under one of the following exceptions to privilege: The client has introduced his emotional condition in a legal proceeding The client has treated information as if it were not confidential The thx has been appointed by the court to examine the client The thx has been ordered by the court to divulge information The client has sought therapy to commit and/or escape punishment for a crime Proceedings to determine sanity Proceedings to establish client competence Confidentiality Both legal & ethical term Thx cannot divulge HIV even if client is endangering a partner Mandated reporters are allowed to respond to follow-up inquiries from investigators Mandated Exceptions to Confidentiality Suspected abuse Tarasoff The Patriot Act of 2002 Permissive Exceptions to Confidentiality Client is a danger to self, or to the person or property of others (California evidence code 1024) Disclosures to licensed professionals (such as supervisor or colleague) to get help in treating client When there is an authorization to release PHI When client has signed a health insurance claim form Breach of duty (thx sues client for non-payment, or client sues thx for malpractice) Child Abuse Reporting Immediately by phone Within 36 hours by written report Optional reporting of child abuse Emotional abuse and fetal abuse Out of state reporting of child abuse Must be reported no matter where it occurs, and no matter the location of the victim/abuser All reports must always be made to CPS or law enforcement within California Historical reporting of child abuse When victim is now over 18, no report When victim is now over 18, but thx has a reasonable suspicion that the perpetrator